Consultation on socially responsible public procurement: secondary legislation under the Social Partnership and Public Procurement (Wales) Act 2023

The Welsh Government is consulting on the draft secondary legislation required to implement Part 3 of the Social Partnership and Public Procurement (Wales) Act 2023 (hereafter referred to as the SPPP Act), Socially Responsible Public Procurement. This consultation relates to areas of the SPPP Act which refer to descriptions of contracts and reporting. It covers the following areas:

1. Prescribed contracts
2. Amendment to Section 27(4) of the SPPP Act
3. Registrable contracts
4. Information required in annual socially responsible procurement reports
5. Welsh language

This consultation document sets out the context and policy intent for each of the draft regulations. The draft regulations (also referred to as a draft Statutory Instrument (SI)) must be read in conjunction with this document in order to be able to respond to the questions set out below.

The questions seek to understand whether the technical detail of the drafting is accurate and appropriate and will be scored on a scale from ‘Strongly Agree’ to ‘Strongly Disagree’.

The SPPP Act requires all public bodies listed in Schedule 1 (contracting authorities) to carry out public procurement in a way that improves economic, social, environmental, and cultural well-being. The SPPP Act requires publication of socially responsible procurement objectives and procurement strategies and compliance with contract management duties in major construction and outsourcing services procurements, including a notification process. In addition, the SPPP Act includes transparency duties, which centre around the publication of an annual socially responsible procurement report, and a contracts register.

The overall intention of these regulations is to provide the necessary detail to implement Part 3 of the SPPP Act.

Section 24(8) of the SPPP Act defines a “prescribed contract” as

1. a major construction contract (see section 25),
2. an outsourcing services contract (see section 26), and
3. any other public contract of a description prescribed by the Welsh Ministers by regulations.

The SPPP Act requires contracting authorities to carry out public procurement in a socially responsible way. They can demonstrate this by contributing to the achievement of the well-being goals. To ensure such action is taken in a proportionate way, the draft regulations include in the meaning of a “prescribed contract” a public contract (as defined in section 21 of SPPP Act) which has an estimated value that is not less than the threshold amount set out in Schedule 1 of the Procurement Act 2023, or is not an exempted contract under Schedule 2 of that Act. The threshold amounts in Schedule 1 of the Procurement Act 2023 are linked to the financial thresholds that are set by the World Trade Organisation (WTO) in its Agreement on Government Procurement (GPA) and updated every 2 years.

Question

1a: To what extent do you agree or disagree that the description of “prescribed contract” in the regulations ensures that the requirements under section 24 of the Act are implemented in a proportionate way?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

1b: If you answered disagree or strongly disagree to Question 1a, please explain why you do not believe this delivers the policy intent.

The draft regulations propose to change the words “people with disabilities” in Table 1 (Section 27) to “disabled people”, to bring this in line with the language appropriate to the social model of disability. This was noted by members of the Disability Task Force soon after the Act received Royal Assent and in the Welsh Government’s Draft Disabled People’s Rights Plan: short-term actions. The Welsh Government has subscribed to the social model of disability and has committed to using language that is consistent with it.

Question

2a: To what extent do you agree or disagree that amending the table in section 27 of the Act to replace the words “people with disabilities” with “disabled people” meets the requirement to use language consistent with the social model of disability?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

2b: If you answered disagree or strongly disagree to Question 2a, please explain why you do not believe this delivers the policy intent.

The draft regulations describe a “registrable contract” as a public contract (as defined in section 21 of SPPP Act) that has a value not less than that of a “notifiable below threshold contract” as defined in section 87(4) of the Procurement Act 2023 and is not an exempted contract for the purposes of Schedule 2 to that Act or a concession or utilities contract. Notifiable below threshold contracts are regulated below threshold contracts currently set at over £30,000 (or £12,000 in certain circumstances) for which a Contract Details Notice is required. These “registrable contracts” will need to be included in the contracts register required under section 40 of the SPPP Act. The purpose of this duty is to aid transparency for potential suppliers and stakeholders

The Welsh Digital Platform (Sell2Wales) has a Contracts Register functionality which automatically pulls data from the Contract Details Notice to feed into the Contracts Register when the functionality is switched on by the Welsh Contracting Authority.

Question

3a: To what extent do you agree or disagree that the description of “registrable contract” aids transparency for potential suppliers and stakeholders in a proportionate way and therefore meets policy intent?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

3b: If you answered disagree or strongly disagree to Question 3a, please explain why you do not believe this delivers the policy intent.

The SPPP Act requires a contracting authority that has awarded any prescribed contracts during a financial year to prepare and publish an annual report on its public procurement. This must be done as soon as reasonably practicable after the end of that year.

The draft regulations specify the additional information to be included in the report, which Welsh Ministers consider they require to assess the extent to which contracting authorities’ socially responsible procurement objectives, and public procurement generally, contribute to the achievement of the well-being goals.

The information required in the report:

• relates to “reportable contracts”, which are registrable contracts (see regulation 4) awarded in that financial year that are not framework agreements
• must be expressed as a percentage of the estimated value of all “reportable contracts” awarded in that financial year
• relates to the estimated value of “reportable contracts” awarded to contractors which meet the condition as set out in paragraph (2) (also known as the metrics)

Contracting authorities will need to capture information on whether contractors meet each condition or not in order to report against it. The Welsh Government will provide an updated Wales Procurement Specific Questionnaire (WPSQ) to include optional questions on these conditions, should contracting authorities wish to use this as a way to capture this information. The Welsh Government is also investigating other potential methods of collection. The information is sought so that Welsh Ministers can assess the extent to which a contracting authority’s procurement, generally, is contributing to the achievement of well-being goals.

Condition 1: Opportunities for staff to use, learn or improve their Welsh language skills (included at regulation 5(2)(a) of the draft SI)

Promotion and use of the Welsh language is one of the most important aspects of cultural well-being in Wales. All contractors, irrespective of where they are based, could meet these requirements, by ensuring that opportunities to use, learn or improve Welsh language skills are provided during working hours. Information on this condition is designed to contribute to the “A Wales of Vibrant Culture and Thriving Welsh Language Well-being Goal.”

The percentage is to be calculated as follows:

(Total value of reportable contracts awarded to contractors who provide opportunities for staff to use, learn or improve their Welsh language skills / total value of reportable contracts awarded) x 100

Question

4a: To what extent do you agree or disagree that condition 1 is information required by Welsh Ministers to assess the extent to which contracting authorities’ socially responsible procurement objectives and public procurement generally contributes to the achievement of the well-being goals?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

4b: If you answered disagree or strongly disagree to Question 4a, please explain why you do not believe this information is required?

Condition 2: Welsh contractors (included at regulation 5(2)(b) of the draft SI)

Welsh contractors are defined (for an individual) where the contractor’s contact postal address is in Wales, and where the contractor is not an individual, where the registered or principal office address is in Wales. This condition is designed to contribute to the “A prosperous Wales” well-being goal. 

The percentage is to be calculated as follows:

(Total value of reportable contracts awarded to Welsh contractors / total value of reportable contracts awarded) x 100

Question

5a: To what extent do you agree or disagree that condition 2 is information required by Welsh Ministers to assess the extent to which contracting authorities’ socially responsible procurement objectives and public procurement generally contributes to the achievement of the well-being goals?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

5b: If you answered disagree or strongly disagree to Question 5a, please explain why you do not believe this information is required?

Condition 3: Small and medium-sized contractors (included at regulation 5(2)(c) of the draft SI)

Contracting with small and medium-sized contractors is linked to improving economic well-being. This condition is designed to contribute primarily to the “A prosperous Wales” well-being goal.

The percentage is to be calculated as follows:

(Total value of reportable contracts awarded to small and medium-sized contractors / total value of reportable contracts awarded) x 100

Question

6a: To what extent do you agree or disagree that condition 3 is information required by Welsh Ministers to assess the extent to which contracting authorities’ socially responsible procurement objectives and public procurement generally contributes to the achievement of the well-being goals?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

6b: If you answered disagree or strongly disagree to Question 6a, please explain why you do not believe this information is required?

Condition 4: Value-driven contractors (included at regulation 5(2)(d) of the draft SI)

Contracting with contractors which are a non-governmental organisation that is value-driven and which principally reinvests surpluses to further social, environmental or cultural objectives is linked to improving economic and social well-being. This metric is designed to align with the language within the Procurement (Wales) Regulations 2024 and to contribute primarily to the “A Wales of cohesive communities” and “A more equal Wales” well-being goals and could contribute to others.

The percentage is to be calculated as follows:

(Total value of reportable contracts awarded to value-driven contractors / total value of reportable contracts awarded) x 100

Question

7a: To what extent do you agree or disagree that condition 4 is information required by Welsh Ministers to assess the extent to which contracting authorities’ socially responsible procurement objectives and public procurement generally contributes to the achievement of the well-being goals?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

7b: If you answered disagree or strongly disagree to Question 7a, please explain why you do not believe this information is required?

Condition 5: Carbon reduction plans (included at regulation 5(2)(e) of the draft SI)

All organisations can produce and publish a Carbon Reduction Plan in line with Wales Procurement Policy Note 006, and there are resources available for helping Welsh organisations to do this. This condition is designed to contribute primarily to the “A Resilient Wales” and may also contribute to other well-being goals, including “A Globally Responsible Wales” and “A Prosperous Wales”.

The percentage is to be calculated as follows:

(Total value of reportable contracts awarded to contractors which have a carbon reduction plan/ total value of reportable contracts awarded) x 100

Question

8a: To what extent do you agree or disagree that condition 5 is information required by Welsh Ministers to assess the extent to which contracting authorities’ socially responsible procurement objectives and public procurement generally contributes to the achievement of the well-being goals?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

8b: If you answered disagree or strongly disagree to Question 8a, please explain why you do not believe this information is required?

Condition 6: Emissions information (included at regulation 5(2)(f) of the draft SI)

Public bodies should be able to include the emissions associated with their procured goods, works and services in their carbon reporting. Contracting with contractors that provide this information will help to enable this. This condition is designed to contribute primarily to the “A Resilient Wales” well-being goal and may contribute to other goals.

The percentage is to be calculated as follows:

(Total value of reportable contracts awarded to contractors that can provide information on the emissions generated by the goods, works and services that it provides/ total value of reportable contracts awarded) x 100

Question

9a: To what extent do you agree or disagree that condition 6 is information required by Welsh Ministers to assess the extent to which contracting authorities’ socially responsible procurement objectives and public procurement generally contributes to the achievement of the well-being goals?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

9b: If you answered disagree or strongly disagree to Question 9a, please explain why you do not believe this information is required?

Condition 7: Environmental policy statement (included at regulation 5(2)(g) of the draft SI)

An “environmental policy statement” means a statement that sets out the contractor’s aims in managing the environmental impacts and aspects of its operations and commits to a programme of improvement. This condition is designed to contribute primarily to the “A Resilient Wales”, “A Globally Responsible Wales” and “A Prosperous Wales”.

The percentage is to be calculated as follows:

(Total value of reportable contracts awarded to contractors which have an environmental policy statement/ total value of reportable contracts awarded) x 100

Question

10a: To what extent do you agree or disagree that condition 7 is information required by Welsh Ministers to assess the extent to which contracting authorities’ socially responsible procurement objectives and public procurement generally contributes to the achievement of the well-being goals?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

10b: If you answered disagree or strongly disagree to Question 10a, please explain why you do not believe this information is required?

Condition 8: Living Wage (included at regulation 5(2)(h) of the draft SI)

The Welsh Government is committed to promoting certification by the Living Wage Foundation (a Citizen’s UK initiative). This metric is designed to contribute primarily to the “A Prosperous Wales” and “A More Equal Wales” well-being goals.

The percentage is to be calculated as follows:

(Total value of reportable contracts awarded to contractors which are an Accredited Living Wage Employer*/ total value of reportable contracts awarded) x 100

*As certified by the Living Wage Foundation (a Citizens UK(1) initiative)

Question

11a: To what extent do you agree or disagree that condition 8 is information required by Welsh Ministers to assess the extent to which contracting authorities’ socially responsible procurement objectives and public procurement generally contributes to the achievement of the well-being goals?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

11b: If you answered disagree or strongly disagree to Question 11a, please explain why you do not believe this information is required?

Condition 9: Recognised trade union (included at regulation 5(2)(i) of the draft SI)

The Welsh Government is committed to promoting trade union recognition and union membership. Trade union recognition means the recognition of the union by an employer, or two or more associated employers, to any extent, for the purposes of collective bargaining. This condition is designed to contribute primarily to the “A Prosperous Wales” and “A More Equal Wales” well-being goals.

The percentage is to be calculated as follows:

(Total value of reportable contracts awarded to contractors which recognise trade unions / total value of reportable contracts awarded) x 100

Question

12a: To what extent do you agree or disagree that condition 9 is information required by Welsh Ministers to assess the extent to which contracting authorities’ socially responsible procurement objectives and public procurement generally contributes to the achievement of the well-being goals?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

12b: If you answered disagree or strongly disagree to Question 12a, please explain why you do not believe this information is required?

Condition 10: Collective bargaining (included at regulation 5(2)(j) of the draft SI)

The Welsh Government is committed to promoting the use of collective bargaining in setting terms and conditions of employment. This condition is designed to contribute primarily to the “A Prosperous Wales” and “A More Equal Wales” well-being goals.

The percentage is to be calculated as follows:

(Total value of reportable contracts awarded to contractors who set terms and conditions of employment for workers by collective bargaining / total value of reportable contracts awarded) x 100

Question

13a: To what extent do you agree or disagree that condition 10 is information required by Welsh Ministers to assess the extent to which contracting authorities’ socially responsible procurement objectives and public procurement generally contributes to the achievement of the well-being goals?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

13b: If you answered disagree or strongly disagree to Question 13a, please explain why you do not believe this information is required?

Condition 11: Zero-hour contracts (included at regulation 5(2)(k) of the draft SI)

The Welsh Government is committed to promoting Fair Work, which includes job security and predictability of working hours and take home pay. Ensuring that all workers have the option of a guaranteed hours contract is an important part of this. This condition is designed to contribute primarily to the “A Prosperous Wales” and “A More Equal Wales” well-being goals.

The percentage is to be calculated as follows:

(Total value of reportable contracts awarded to contractors who have no workers on zero hours contracts or have workers on zero hours contracts but review the appropriateness of these arrangements with those workers or a recognised trade union at least once every three months / total value of reportable contracts awarded) x 100

Question

14a: To what extent do you agree or disagree that condition 11 is information required by Welsh Ministers to assess the extent to which contracting authorities’ socially responsible procurement objectives and public procurement generally contributes to the achievement of the well-being goals?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

14b: If you answered disagree or strongly disagree to Question 14a, please explain why you do not believe this information is required?

Condition 12: Equality, diversity and inclusion policy (included at regulation 5(2)(l) of the draft SI)

The Welsh Government is committed to promoting Fair Work, which includes equality, diversity and inclusion in the workplace. This condition is designed to contribute primarily to the “A Prosperous Wales” and “A More Equal Wales” well-being goals.

The percentage is to be calculated as follows:

(Total value of reportable contracts awarded to contractors who have an equality, diversity and inclusion policy covering its recruitment and employment practices / total value of reportable contracts awarded) x 100

Question

15a: To what extent do you agree or disagree that condition 12 is information required by Welsh Ministers to assess the extent to which contracting authorities’ socially responsible procurement objectives and public procurement generally contributes to the achievement of the well-being goals?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

15b: If you answered disagree or strongly disagree to Question 15a, please explain why you do not believe this information is required?

Condition 13: Code of practice on ethical employment in supply chains (included at regulation 5(2)(m) of the draft SI)

Addressing risks of slavery and human rights abuses in supply chains is a policy priority for the Welsh Government. The Code of Practice has been in place since 2017 and is due to be refreshed later in 2025. This condition is designed to contribute primarily to the “A Globally-Responsible Wales”, “A Prosperous Wales” and “A More Equal Wales” well-being goals.

The percentage is to be calculated as follows:

(Total value of reportable contracts awarded to contractors who have signed up to the Code of Practice on Ethical Employment in Supply Chains / total value of reportable contracts awarded) x 100

Question

16a: To what extent do you agree or disagree that condition 13 is information required by Welsh Ministers to assess the extent to which contracting authorities’ socially responsible procurement objectives and public procurement generally contributes to the achievement of the well-being goals?

• Strongly agree
• Agree
• Neither agree nor disagree
• Disagree
• Strongly disagree

16b: If you answered disagree or strongly disagree to Question 16a, please explain why you do not believe this information is required? 

The Welsh Government has a duty when consulting to seek your views on the effects of our policy decisions on the Welsh language in line with Policy Making Standards.

Question

17: What, in your opinion, would be the likely effects of the secondary legislation on the Welsh language?  We are particularly interested in any likely effects on opportunities to use the Welsh language and on not treating the Welsh language less favourably than English.

Do you think that there are opportunities to promote any positive effects?

Do you think that there are opportunities to mitigate any adverse effects?  

18: In your opinion, could the secondary legislation be formulated or changed so as to:

• have positive effects or more positive effects on using the Welsh language and on not treating the Welsh language less favourably than English, or
• mitigate any negative effects on using the Welsh language and on not treating the Welsh language less favourably than English?

19: We have asked a number of specific questions. If you have any related issues which we have not specifically addressed, please use this space to report them:

Submit your comments by 14 October 2025, in any of the following ways.

• Complete our online form
• Download, complete our response form and email: sociallyresponsiblepublicprocurementconsultation@gov.wales
• Download, complete our response form and post it to:

Corporate Services and Inspectorates
Commercial Procurement Division
Procurement Legislation Team
Welsh Government
Cathays Park
Cardiff
CF10 3NQ

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